§ 20-1507 Administrative enforcement.

   a.   The commissioner shall enforce the provisions of this chapter.

   b.   1.   Any person alleging a violation of this chapter may file a complaint with the department within two years of the date the person knew or should have known of the alleged violation.

      2.   Upon receiving such a complaint, the department shall investigate it.

      3.   The department may open an investigation on its own initiative.

      4.   A person or entity under investigation shall, in accordance with applicable law, provide the department with information or evidence that the department requests pursuant to the investigation. The department may attempt to resolve an investigation concerning a violation of this chapter through any action authorized by chapter 64 of the charter.

      5.   The department shall keep the identity of any complainant confidential unless disclosure is necessary to resolve the investigation or is otherwise required by law. The department shall, to the extent practicable, notify such complainant that the department will be disclosing the complainant's identity before such disclosure.

   c.   The commissioner may promulgate rules necessary and appropriate to the administration of this chapter.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)

§ 20-1508 Remedies for workers.

   a.   For violations of their rights under this chapter, a food delivery worker shall be entitled to the following relief:

      1.   all compensatory damages and other relief required to make the worker or former worker whole;

      2.   an order directing compliance with the requirements set forth in this chapter; and

      3.   for each violation of:

         (a)   section 20-1504,

            (1)   $500 for each violation not involving denial of future work opportunities;

            (2)   $2,500 for each violation involving denial of future work opportunities; and

            (3)   any equitable relief appropriate under the circumstances, including but not limited to payment of any lost earnings resulting from such retaliation.

         (b)   section 20-1521, $200;

         (c)   section 20-1522, including any minimum payment established by rule pursuant to section 20-1522, three times the amount of any payment that should have been made and was not timely made;

         (d)   section 20-1523, $200; and

         (e)   section 20-1524, $200.

   b.   The relief authorized by this section shall be imposed on a per worker and per instance basis for each violation.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)

§ 20-1509 Civil penalties.

   a.   For each violation of this chapter, a third-party food delivery service or third-party courier service is liable for a penalty of $500 for the first violation and, for subsequent violations that occur within two years of any previous violation of this chapter, up to $750 for the second violation and up to $1,000 for each succeeding violation.

   b.   The penalties imposed pursuant to this section shall be imposed on a per worker and per instance basis for each violation.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)

§ 20-1510 Enforcement by the corporation counsel.

The corporation counsel or such other persons designated by the corporation counsel on behalf of the department may initiate in any court of competent jurisdiction any action or proceeding that may be appropriate or necessary for correction of any violation issued pursuant to sections 20-1507 through 20-1509, including actions to secure permanent injunctions, enjoining any acts or practices that constitute such violation, mandating compliance with the provisions of this chapter, or such other relief as may be appropriate.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)

§ 20-1511 Private cause of action.

   a.   Any person alleging a violation of the following provisions of this chapter may bring a civil action, in accordance with applicable law, in any court of competent jurisdiction:

      1.   section 20-1504;

      2.   section 20-1521;

      3.   section 20-1522, including any minimum payment established by rule pursuant to section 20-1522;

      4.   section 20-1523; and

      5.   section 20-1524.

   b.   Such court may order compensatory, injunctive and declaratory relief, including the remedies set forth in section 20-1508, and reasonable attorney's fees.

   c.   A civil action under this section shall be commenced within two years of the date the person knew or should have known of the alleged violation.

   d.   1.   Any person filing a civil action shall simultaneously serve notice of such action and a copy of the complaint upon the department. Failure to so serve a notice does not adversely affect any person's cause of action.

      2.   A worker need not file a complaint with the department pursuant to subdivision b of section 20-1507 before bringing a civil action; however, no person shall file a civil action after filing a complaint with the department unless such complaint has been withdrawn or dismissed without prejudice to further action.

      3.   No person shall file a complaint with the department after filing a civil action unless such action has been withdrawn or dismissed without prejudice to further action.

      4.   The commencement or pendency of a civil action by a worker does not preclude the department from investigating a third-party food delivery service or third-party courier service or commencing, prosecuting or settling a case against a third-party food delivery service or third-party courier service based on some or all of the same violations.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)

§ 20-1512 Civil action by corporation counsel for pattern or practice of violations.

   a.   1.   Where reasonable cause exists to believe that a third-party food delivery service or third-party courier service is engaged in a pattern or practice of violations of this chapter, the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.

      2.   The corporation counsel shall commence such action by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, relief for food delivery workers set forth in section 20-1508, civil penalties set forth in section 20-1509, and any other appropriate relief.

      3.   Such action may be commenced only by the corporation counsel or such other persons designated by the corporation counsel.

      4.   Nothing in this section prohibits (i) the department from exercising its authority under section 20-1507 through 20-1509 or (ii) a person alleging a violation of this chapter from filing a complaint pursuant to section 20-1507 or a civil action pursuant to section 20-1511 based on the same facts pertaining to such a pattern or practice, provided that a civil action pursuant to this section shall not have previously been commenced.

   b.   Investigation. The corporation counsel may initiate any investigation to ascertain such facts as may be necessary for the commencement of a civil action pursuant to subdivision a of this section, and in connection therewith shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as are deemed necessary.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)

Subchapter 2: Food Delivery Workers

§ 20-1521 Delivery distance and route.

   a.   Each third-party food delivery service and third-party courier service shall provide each food delivery worker with the ability to specify:

      1.   the maximum distance per trip, from a food service establishment where such worker will pick up food, beverages, or other goods, that such worker will travel on trips;

      2.   that such worker will not accept trips that require travel over any bridge or over particular bridges chosen by such worker; and

      3.   that such worker will not accept trips that require travel through any tunnel or through particular tunnels chosen by such worker.

   b.   Each third-party food delivery service and third-party courier service shall allow each food delivery worker to change the parameters established by such worker pursuant to subdivision a at any time.

   c.   A third-party food delivery service or third-party courier service shall not offer any food delivery worker any trip that is inconsistent with the parameters established by such worker and shall not penalize a food delivery worker for selecting or changing such parameters.

   d.   Each time a third-party food delivery service or third-party courier service offers a trip to a food delivery worker, before such worker accepts such trip, such third-party food delivery service or third-party courier service shall disclose to such worker the following information:

      1.   the address where the food, beverage or other goods must be picked up;

      2.   the estimated time and distance for the trip;

      3.   the amount of any gratuity, if specified by the consumer; and

      4.   the amount of compensation to be paid to the food delivery worker, excluding any gratuity.

   e.   The requirements of this section shall apply to trips that originate in the city, end in the city or involve picking up food from a food service establishment located in the city.

(L.L. 2021/114, 10/24/2021, eff. 4/22/2022; Am. L.L. 2021/118, 10/24/2021, eff. 4/22/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/118.